There are some areas where we cannot afford to do it, so we have to invite experts from abroad to help and advise. However, not everyone understands clearly about hiring foreign experts to work in Vietnam. To learn more about this, today, LSX Lawfirm will give you an article about “Regulations on costs of hiring foreign experts in Vietnam”, as follows:
Thuê chuyên gia nước ngoài
Accordingly, Article 152 of the Labor Code 2019 stipulates the conditions for the employer to recruit and use foreign workers in the following cases:
Enterprises, agencies, organizations, individuals, and contractors may only recruit foreign workers to perform managerially, executive, expert, and technical positions that Vietnamese workers have not yet received. meet production and business needs then.
Before recruiting foreign workers to work in Vietnam, enterprises, agencies, organizations, and individuals must explain their need to employ workers and obtain written approval from competent state agencies. authorization.
Before recruiting and employing foreign workers to work in Vietnam, contractors must declare in detail the job positions, professional and technical qualifications, work experience, and working time to be employed. foreign agents to execute the bidding package and obtain the written approval of the competent state agency.
If you invite a foreign expert to work in Vietnam, you need to clearly determine which position your company recruits this worker for, the need for this expert, and submit it to the competent state agency for application. Licensing.
Article 151 of the Labor Code 2019 stipulates that a foreign employee works in Vietnam when the following conditions are satisfied:
– Firstly, Being a person who is full 18 years old or older, has full civil act capacity, has appropriate professional skills,
– Secondly, Being a person who is not a person who is being examined for penal liability, is serving a sentence, and has not yet been cleared of criminal records according to foreign and Vietnamese laws.
In addition
In addition, it is necessary to have a work permit issued by a competent state agency of Vietnam, except for cases not subject to work permit issuance specified in Article 154 of the Labor Code 2019 and Article 7 of Decree 152. 2020/ND-CP dated December 30, 2020. On the other hand, foreigners who want to apply for a work permit in Vietnam need a criminal record. Conditions for granting judicial records to foreigners are as follows:
– In case foreigners have not yet entered Vietnam or have entered Vietnam for less than 6 months, they need to apply for a criminal record in the country of nationality. The laws of each country are not the same, so the regulations on the agency that issue criminal records are different then.
– For foreigners who have temporarily resided in Vietnam for more than 6 months, the procedure for applying for a criminal record for foreigners is a mandatory activity for foreigners who have been residing in Vietnam. Foreigners can apply for a criminal record at the Department of Justice of the province or city where the foreigner is temporarily residing then.
Thus, when the above conditions are met, when all of the above factors are fully met, in order for foreign workers to be able to work at your company, they need to be granted a work permit issued by a competent state agency.
Note: for foreign workers in Vietnam, the permit is valid for only 2 years and can be extended for a maximum of 2 years. Therefore, you need to carefully consider and determine the nature of the job before hiring and applying for permission.
Regulations on expenses for hiring foreign experts
Clause 2, Article 1 of Circular No. 103/2014/TT-BTC dated August 6, 2014, of the Ministry of Finance, stipulates:
“Article 1. Subjects of application
The guidance in this Circular applies to the following subjects (except for the case specified in Article 2, Chapter I):…
2. Foreign organizations; and individuals supply goods in Vietnam in the form of on-spot imports, and export and generate income in Vietnam; on the basis of contracts signed between foreign organizations; and individuals and enterprises. businesses; in Vietnam (except for processing and exporting goods to foreign organizations and individuals) or distributing goods in Vietnam or providing goods; according to the delivery conditions of commercial terms. Incoterms – Incoterms that the seller bears the risks related to the goods entering the territory of Vietnam…”.
Article 1, Chapter I, Circular No. 111/2013/TT-BTC dated August 15, 2013, of the Ministry of Finance guiding the implementation of the Law on Personal Income Tax, stipulates: “… Scope of determining the taxable income of people pays taxes as follows:
For resident individuals, taxable income is income generated inside; and outside the territory of Vietnam, regardless of where the income is paid and received.
In addition
For non-resident individuals, taxable income generated in Vietnam, regardless of where the income paid and received.
At Point dd1, Clause 2, Article 2, Chapter I of Circular No. 111/2013/TT-BTC dated August 15, 2013, of the Ministry of Finance; guiding the implementation of the Law on Personal Income Tax, stipulates:
“d) Cash or non-monetary benefits other than salary; or wages paid by the employer, which the taxpayer entitled to in any form:
đ.1) Housing, electricity, water and accompanying services (if any)…”.
Pursuant to the above provisions, in case a company processes; and returns goods to a foreign partner, it is not subject to the application of contractor tax.
However, for travel and accommodation expenses of foreign experts paid; by the company, the company is responsible for withholding personal income tax; to declare and remit into the State budget according to regulations.
What are the procedures for foreign experts to work in Vietnam?
Accordingly to the provisions of Circular No. 23/2017/TT-BLDTBXH dated August 15, 2017, of the Ministry of Labor, War Invalids and Social Affairs; guiding the implementation of work permits for foreign workers working in Vietnam through an electronic network as follows:
– Firstly, The employer registers an account at the above-mentioned web portal and submits the application with the established account, within at least 20 days before the expected date of employment of the foreign worker;
– Secondly, Within 12 days from the date of receiving the valid declaration; and report explaining the need to employ foreign workers; the approval agency will send the results via email to the employer. If the submitted application is not valid, the approval agency will issue a notice of correction.
– Thirdly, After receiving the approval to use foreign workers, the employer directly submits; or mails the original documents to the approval agency. Within 08 hours, the agency receives the original application; the approval agency will return the original approval result to the employer.
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Related questions
– Firstly, A written request for a work permit;
– Secondly, a Health certificate or medical examination certificate issued by a competent medical organization in Vietnam (must be valid for less than 12 months from the date of application submission);
– Thirdly, Judicial records are issued within 06 months from the date of application submission;
– And Documents proving qualifications suitable for the job as a manager, executive director, expert or technical worker: degree, certification of experience from another company…;
– Finally, a Certified Copy of the passport;
– Firstly, Submit directly to the competent authority: 07 working days from the date of receipt of a valid application.
– Secondly, Submit an application online, the time to return results is 5 days. The approving agency will issue a work permit if the application is valid or issue a notice to correct the profile if there is an error.
After receiving the Work Permit via email, the employer will submit the original dossier to the licensing agency and receive the original work permit.
Foreign experts are people with technical qualifications, capabilities, or high skills that Vietnamese workers cannot replace or hold that positions at a company or organization in Vietnam at present. Male.
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